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KembaraXtra – Legal Terms – Legal Positivism
Legal positivism is a theory of law that emphasizes the separation between law as it is and law as it ought to be. It rejects the idea that law must be based on moral principles and instead focuses on law as a system of rules created and recognized by social institutions.
This approach is associated with thinkers such as Jeremy Bentham, John Austin, H. L. A. Hart, and Hans Kelsen. Despite differences in their theories, they share the view that legal validity depends on social facts rather than moral considerations.
Legal positivism is a theory of law that emphasizes the separation between law as it is and law as it ought to be. It rejects the idea that law must be based on moral principles and instead focuses on law as a system of rules created and recognized by social institutions.
This approach is associated with thinkers such as Jeremy Bentham, John Austin, H. L. A. Hart, and Hans Kelsen. Despite differences in their theories, they share the view that legal validity depends on social facts rather than moral considerations.
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